Toney+v.+FAIRBANKS

Mary Bryson, Tiffany Thompson, and Whitney Harris Toney V. Fairbanks Supreme Court of Alaska Argued September 30, 1994; Decided September 30, 1994

Background: In 1980 David Toney was a tenured teacher in Idaho. He engaged in a sexual relationship with a 15-year-old student, Traci, who became pregnant. Toney resigned from teaching as per a confidential contract agreement he had made with Traci’s father to cover medical costs and resign from the school before Traci returned from a high school for pregnant teens. The baby was given up for adoption and Toney moved to Alaska and applied for a teaching position there after a year and a half break from teaching. He did not reveal the circumstances in which he resigned from his Idaho school on his application and also claimed that he was working during the time he was, in fact, unemployed. Toney was hired in 1982. Traci contacted Toney’s school system in 1992 after learning that he was a teacher and revealed their affair. Toney was terminated from the school system immediately after they confirmed that Traci’s information was true.

Decision and Rationale: Toney appealed the school district’s decision to fire him on several levels in the Alaskan court system and, finally, in the Alaska Supreme Court. He claimed that school districts should not be allowed to terminate employees for acts they committed outside of their time of employment, even if those acts are clearly against policy or ethics codes. The Alaska Supreme Court upheld the decision of the Fairbanks school district to dismiss Toney. The Court’s rationale was that if schools could only terminate teachers who committed misconduct during the time of employment, there would be no consequences for teachers, like Toney, who concealed their misconduct during the application process.

Impact on Teaching: First and foremost, teachers should not engage in sexual relationships with students. It is morally reprehensible and never ends well. Second, teachers should be honest during the job application process. This, also, does not usually end well. Third, teacher misconduct follows teachers throughout their careers. We live in a world that is more globally connected with each passing day. The daily choices that teachers make in the 21st century have a permanent quality that has not existed in centuries past. Facebook and other social networking websites provide an open door to many facets of people’s personal lives that are available to the public. Essentially, if a teacher is convicted of sexual misconduct, it is very unlikely that they will teach again.

Quiz Question: True/False School systems can terminate teachers based on misconduct that occurred while that district did not employ them.